All language subtitles for The.Practice.S06E01.The.Candidate.HULU.WEB-DL.AAC2.0.H.264-AJP69_track3_.eng

Keith?

There's been...

What's wrong?

Where's Marsha?

She's taking a shower.

Why aren't you dressed?

My clothes are in the wash.

Keith.

Put this on.

Hello, Ellenor.

Marsha.

The master bedroom.

Just go look.

Let me do the talking.
Just let me handle it.

Don't you think you've
handled things enough, Keith?

You want to lay this at my door?

Are you serious?
Shh.

Have you called an ambulance?

He seems a little dead for that.

What about the police?

We called you.

Given the man died in our house,

we were nervous
about becoming suspects,

so we notified our attorney.

So the police haven't been
called at all.

Not yet, no.

Do you know who the victim is?

His name is James McNoun.

He's a business associate
of Marsha's.

What happened?

If knowing the truth
would prevent you

from representing me, Ellenor,

you're not getting it.

How you doing, sweetie?

Okay.

Hi, Ellenor.

Hi, Allison.

Okay, look, we have
to notify the police.

And what do we tell them?

Well...
- None of us has any idea

how it happened.

None of us saw it.

He just showed up
in your bed dead?

Yes.

That's not going to sound
very convincing, Keith.

Ellenor...

I'm placing myself
in your hands now.

I'll tell you as much
or as little

as you want to know.
It's up to you.

But I don't want to say anything

that will keep you
from representing me.

So tell me what you want.

You have blood
splatterings on you.

Go take a shower.

I'm going to call
the police in 10 minutes.

What happened?

I don't exactly know.

Did he tell you anything?

Only that I don't want to know.

And my educated guess
is that he shot him.

Ellenor.

Take a walk?

Don't let anybody speak to them.

I'm told your clients
are refusing

to give any statements.

Choosing not to give statements.

Don't you think
it kind of makes them

look suspicious?

Well, then as suspects,
they're exercising

their constitutional
rights to remain...

Ellenor, I can't accept
anyone's version

of the events
if no one gives me one.

I sympathize, Helen,

but the burden is on the state

to figure out
what happened, not...

And as a State Senator,
I would think

your client would want
to assist the Commonwealth

in that burden.

Well, you would be wrong.

You represent the wife

and the daughter, too.

That is correct.

No conflict of interest there.

None.

You're not going to let any
of them talk to us.

Correct.

How we doing?

Arrest Senator Ellison

and take the wife into custody.

Wait a second.

You're arresting both?

No, just him.

Then why take her?

As a material witness?

The State, under
extraordinary circumstances,

can place a witness
into custody if...

What are your circumstances?

We believe, Your Honor,
that Senator Ellison

caught his wife in bed
with the victim,

then shot him.

Yes, what a gifted leap.

What are your
circumstances for taking

Mrs. Ellison into custody?

We think she's concealing
evidence

that she will destroy

if she gets out of custody.

The evidence being?

The victim's semen
or DNA evidence

that would establish the two

were in bed together
at the time.

I'm a little confused here.

What exactly are you asking for?

We'd like to do a search
similar to a rape kit

examination to determine...
A vaginal search?

A full-body search to look
for hairs and fibers.

Helen!

If your client
would cooperate, Ellenor,

and give us a statement.

- By not doing so...
- This is blatant

blackmail, Your Honor.

She is trying to force my client

to testify against her husband,

or else be violated
by a police technician.

Your client is not a suspect.

Fine. Then grant
her full immunity,

and then we'll consider
any search.

Would she agree to testify
in exchange for immunity?

I am not making any deals

under the threat of coercion,

and, I might add,
the State has no authority

to do an invasive bodily search.

She is the suspect's wife.

Spousal privilege...

That privilege
goes to testimony.

Bodily fluids
do not constitute testimony.

Come on!

The privacy issues alone here...

Are outweighed
by the state's interest

in solving a homicide.

Whether or not she's
a suspect, Your Honor,

if we do not get this evidence
tonight, it's gone.

Ms. Gamble,
are you sure you want this?

Because if it comes out
this is merely

a ploy on your part,

this woman can sue you
personally for misconduct.

You'll lose whatever
evidence you might find.

I can't lose evidence
I don't have, Your Honor.

I want it.

I'm going to allow it.
I appeal it and want...

Fine.
But I'm not staying

the order pending an appeal.

And since
it's almost midnight...

Hold a little still, if you can.

And people wonder if we're
becoming a police state.

I'm going to be
all over them on this,

I promise you, Marsha.

Mrs. Ellison,

if you could just remain still.

This really shouldn't hurt.

It shouldn't hurt?

Marsha.

A man was shot in my home.

My husband was arrested.

And Dr. Fingers
is down there with a snorkel.

Would you describe this

as a painless experience,
Ellenor?

Let's just get through this.

Of course,
get them issued tonight.

Wake the magistrate up
if you have to.

Not been given any details

as to what happened
this evening.

The police have issued
no statement as of yet,

except to confirm that
a fatal shooting

did take place
in the Senator's home,

occurring sometime this evening.

Unconfirmed reports
suggest that the Senator

was, in fact, home at the time.

Helen, where are we?

Uh, the Senator is in custody.

We have the gun.

We're getting
the warrants issued

to search his house tonight.

He had his lawyers there
before the police, even.

He's not talking,
and it's not likely to change.

Uh-hmm.

This is Alan Lowe.

He just came over
from Middlesex.

Hi. Why do I care?

Because he's
your backup on this.

Look, I don't need any... I do.

The heat on this is already...

Mr. Lowe's reputation
is that he has difficulty

with the concept
of playing backup.

You're first chair, Helen.

He gets that.

Use him, Helen.

Keep me informed.

Don't second-guess.

Don't even talk.

We'll get along just fine.

You can start by overseeing
the warrants.

Can I ask you why you made
an arrest so quickly?

See, you're talking.
I'm not second-guessing.

I'm just asking.

The only way I could
search Mrs. Ellison

was to make a showing
she's not a suspect.

The best way of doing that
was to arrest the Senator.

Anything else?

No.
Great.

Warrants.

A cavity search?

She called Judge Finkel.

And did they find
anything on her?

I hope not.

She took a shower
before the police came.

The victim wore a condom.

So maybe there was nothing.

I also had Keith take a shower,

so he should be clean.

What do you mean
you had Keith shower?

You instructed him
to take a shower?

Did I say that?

Yes, you did.

Well, I misspoke.

I did not direct him
to take a shower.

He independently decided to.

Lay off me, will you?

If this was one of your
closest friends...

You broke the law.

I told you, Bobby, I misspoke.

It was his decision,

and I have no affirmative duty

to prevent him from bathing

if that's what he chose to do.

Ellenor, because this is one
of your oldest friends,

it makes me nervous.

This is a State Senator.

This case will be
under a microscope.

If we cross any
ethical lines here...

I won't.

I won't.

Volunteer to admitting.

Volunteer to admitting.

Did you find what you
were looking for?

Well, it'll take a little time

for them to analyze

everything they found,
Mrs. Ellison.

I just wanted to talk
to you for a minute.

I'm represented by counsel,
Ms. Gamble.

Yes, but you're not a suspect,

so whether you're
represented or not...

So this isn't custodial?

Once the examinations
are completed,

you're free to go, yes.

Does Ellenor Frutt
know you're here?

Mrs. Ellison, we all know
what happened here.

Has your attorney
explained to you

that your silence
could incriminate you?

Gee, no.

But as you explain it,

it seems I am indeed a suspect
of criminal wrongdoing,

which makes this
interrogation improper,

if not illegal.

Okay, well, I guess what
I'm trying to say...

you probably
won't be able to save

your husband from his fate,

but you may very well
hurt yourself

and your daughter
in the process.

Fine.

And should you ever
lose your job

for violating suspects' Fifth
and Sixth Amendment rights,

perhaps you could tour
as a motivational speaker.

You're being dismissive,
Mrs. Ellison.

It would be a great error
in judgment

for you to dismiss me.

Maybe I shot him,
Ms. Gamble.

There's your statement.

We're told, Jenny, that warrants

were issued last night

and that Senator Ellison's
office

is being searched as we speak.

The arraignment
was scheduled for 9:00.

Whether that's been delayed
or not...

Here they come!

No comment, please.

Let him through!
Let him through.

Let him through.

Next matter on the calendar,

Criminal Case number 32723,

Commonwealth vs. Keith Ellison,

murder in the first degree.

Ellenor Frutt for the defense.

Good morning, Your Honor.

Helen Gamble
for the Commonwealth,

and that this is a first
degree homicide,

we ask that Senator Ellison
be held without bail.

My client has
no previous criminal record.

He has strong and extensive
roots in the community.

He is, in fact,
a trusted government official

who poses neither a safety
nor flight risk.

The defendant is being charged
with a brutal homicide.

The fact that he is a State
Senator should afford him

no special consideration.

We are not asking for favors.

In fact, just the opposite.

That he be treated the same...

$1 million bond, $250,000 cash.

Thank you, Your Honor.

We would also move
for an immediate trial.

The prosecution needs time
to develop its case.

An arrest has been made here.

If the prosecution doesn't
have a case...

I would appreciate it if counsel

could refrain from posturing.

What are you looking for?
December.

They're looking to buy time,
Your Honor.

I'd also appreciate it
if Defense Counsel

could limit herself
to representing the defendant

and not the Commonwealth's
intentions.

Trial date of September 24th.

Let's conference tomorrow.
Set up a schedule.

For now, we're adjourned.

Your Honor,
I'm loath to turn this into

an unnecessary street
fight, but...

Oh, yeah, she's so adverse
to confrontation.

I believe counsel,
in her zealous efforts

to provide legal representation
to the defendant,

is guilty of witness
tampering or worse...

Obstruction of justice.
What?

We have been unable to interview

key witnesses to this crime.

People present at the scene

who have been instructed
by Ms. Frutt

not to talk
to either police or...

Ms. Gamble is now attempting
to try her case

in the press and contaminate
a potential jury pool.

I am attempting to cut through

a cover-up orchestrated
by counsel.

The District Attorney
anticipates

not being able to mount
much of a prosecution,

so she's trying
to establish the perception

that it's our fault
she can't assemble evidence.

Defense Counsel is again trying
to represent my thoughts...

Your thoughts are transparent
enough for everyone.

All right.

Ms. Gamble, you will not be
using my courtroom

to color public opinion.

I'm not doing that, Your Honor.

Who are the witnesses?

Mrs. Ellison
and Allison Ellison,

the defendant's daughter.

Mrs. Ellison
certainly enjoys

spousal privilege, Your Honor.
What about the daughter?

We can't even get
in a room with her.

Ms. Frutt, if I get
wind of tampering...

I'm not doing that, Your Honor.

Is that right?

Do these people
have separate counsel?

I am the family attorney.

Oh, you're the family attorney.

Did you tell the wife
and daughter

they could face
accessory charges?

Did you advise them it might
be in their best interest

to cooperate with the police?

Any and all communications
between me and my clients

is, of course,
privileged, Your Honor.

Mrs. Ellison and Allison,

I strongly advise both of you

get your own lawyers here.

I won't order it for now,

but Ms. Frutt may want
to silence you

for the defendant's sake,

and it may not be
what's best for you.

In the meantime, Ms. Frutt,

I am ordering that you make
Allison available

to the District Attorney
for an interview.

If she refuses to talk,

she can be subpoenaed
to a grand jury.

That's all for now.
We're adjourned.

Your Honor,
with the court's permission,

I'd like security
to escort Allison

to my office immediately.

Why?

I have concerns
that counsel might seek

to prepare her statement.

I object to that.

I would submit,
if there are no plans

to conference with Ms. Ellison,
what's the harm?

Ms. Ellison is also a client,

and since criminal charges
may possibly

be levied against her,
I have the right to advise.

Security will escort
Ms. Ellison

to Ms. Gamble's office.

Defense Counsel,
but not the defendant,

may be present at the interview.

We're adjourned.

Do you have any idea
what she's going to say?

Don't let the media
get anywhere near him.

Jimmy, you take
the neighborhood,

see if anybody heard
or saw anything.

I'll interview the employees
at Mrs. Ellison's job.

Lucy, you stay on top
of the incident reports.

Lindsay, you're in charge
of Jury Consultants.

Hire them today.

Bec, I need you to research
temporary insanity,

heat of passion... Research?

Why do I always get research?
Rebecca...

You always put me on research.

Why can't I ever do fieldwork?

Because Jimmy
and I are better at it.

Sorry if that answer
disappoints you.

Are we sticking
everybody on this one case?

Yes, we are, Lindsay,
because like it or not,

we will be defined
by this one case.

We will be the firm
that either won it

or didn't win it.

It would be nice to be
the firm that won it.

Everybody's got a role.

Let's go.

We had just come
home from the movies.

Our movie was sold out,
actually,

so we had come home early.

You and your dad?

Yes.

Then what did you do?

I just went to my room.

I think I might have gone
to the bathroom first.

And then...

I was getting ready
to call a friend,

and then I heard
some screaming and yelling.

Did you recognize the voices?

Did you recognize
the voices, Allison?

No.

Okay.

Then what happened?

After a few seconds,

I heard a loud popping sound

and more screaming.

I ran down the hall
into my parents' bedroom.

My mother and father
were screaming about something.

My mother was crying.

They just... they just kept on

screaming at each other.

And then I looked over

and saw there was a man
in their bed.

He wasn't moving,

and he was bleeding.

And his eyes were opened.

Did you hear
what your mother and father

were screaming about?

- No.
- Did you see blood

on your father's clothes?

I don't remember.

Did you notice
if there was a gun around?

I didn't see any gun.

Allison,
what do you think happened?

I don't know.

If you had to guess.

She doesn't have
to make guesses.

You were allowed to be
present for this interview.

You are not permitted to either
conduct her or to inhibit...

I will advise my client
to tell what she knows

and not to formulate opinions.

You want to go right back
in front of that judge?

Fine.
Hold on.

Why don't you just
ask your questions?

Yes, that would be nice.

Did you ever ask your parents
what happened?

No.

Did you know what happened?

- No.
- You didn't know

what had happened,
and you didn't ask?

Correct.

Allison, did you have any
discussions with your attorneys

about what you might say here
at this meeting?

Don't answer.

Privilege... work product.

Forget it.

We're into tampering, Bobby.

You think
you can make tampering?

Try. But don't be
asking our client

about conversations
she had with us.

So you had a conversation
in preparation for this meeting?

- Don't answer.
- Whether or not

the conversation was had
does not fall within privilege...

I'm instructing my client
not to answer.

I've told you all I know.

You've told us
all you know, Allison?

Yes.

I heard a pop...

and yelling.

That's it.

And you never asked your parents

what happened here?

No.

I didn't.

We have no new information

to share with you at this time.

Has Senator Ellison made
any kind of statement?

Senator Ellison
is currently refusing

to speak with us
at the advice of his attorneys.

Mr. Lowe,
one more question.

Get that out of my face, please.

What about Mrs. Ellison?

Mrs. Ellison is also
refusing to cooperate,

which we find frustrating.

Certainly, it's every
defendant's right

not to speak,

and that right would inure
to the spouse as well,

but we're particularly
disappointed

when a State Senator,

a person ostensibly
committed to justice,

forsakes that commitment
out of self-interest.

- He can't say that.
- That's misconduct.

Let's get it in
before Judge Finkel,

shut them down.

Whoa. Slow down.

He cannot comment
on a defendant's silence.

The state bar... Ellenor.

He's deliberately
contaminating the jury pool.

Of course, he is,
but if we go to Judge Finkel,

he might gag all of us.

We do not want that.
Why not?

If he's going to try
their case in the press...

Because we need the press
more than they do.

Now, we all know how it looks.

We need to shape
public opinion here.

- If we get gagged...
- Why aren't we

at least putting out
some version...

We don't need to.
The burden is on them.

Our people were there.

The prosecution
can prove they were there.

To me, that shifts
the burden to us.

I agree.

I don't.

We got three possible
suspects here,

the Senator, his wife,

or the daughter.

The prosecution can't nail
any of them

beyond a reasonable doubt.

Oh, please, he's convicted now.

You're just mad
over doing research.

Oh, that's funny.
All right.

We're up against
Helen Gamble here,

and Alan Lowe.

We've beaten Helen
many times, Lindsay.

If they prove this affair,
that gives them motive.

With motive,
his being at the scene,

his gun, he's gone.

We need to start
building a theory

and put it out there.
The more we wait...

Look, let's just see what
their evidence file shows.

It's too soon for us
to commit to anything.

- Bobby, hello.
- Public opinion

can't send him to prison,
Lindsay.

Are you sure for this one?

Is it good news?

Sort of.

Ballistics confirm
it was his gun.

Prints?

Wiped clean.

Trace metal?
McGUIRE: Negative.

There was a pair
of dishwashing gloves

soaking in the sink.

What about powder burns
or primer residues?

No, but they could have
washed off if...

Anything to prove the affair.

Not yet.

No semen,

nothing from the cavity search.

No blood on her,
but she showered, so...

What about hairs in the bed?

Some, but they could be old.

It's early, Helen.

Give us time.

Interview everybody at her work.

Somebody had to have seen
the two together.

They'll never prove it.

No one ever saw us.

You can be sure of that?

He always left before me.

He had his own set of keys
to my car.

He'd get in, duck down.

I'd come down,

drive home
directly into my garage.

No one ever saw him
go into my house.

Suppose somebody
saw him get into your car.

He always made sure
that never happened.

Okay, look,

ordinarily,
we would just sit back

and do nothing here.

We would leave the burden
to the prosecution

to prove the crime.

The problem,
this case is so high-profile

that there is an enormous danger

of jury contamination.

We want you to tell us
what happened.

Isn't that dangerous?

If it means you having
to get other lawyers...

No.
Keith.

No.

I want your firm.

Senator, the likelihood is that

they will be able to prove
your wife's affair

with the victim.

With that,

with your gun
being the murder weapon,

with you being at the scene,

with your clothes
being in the washer.

You'll be convicted, Senator.

If you tell us what happened,

you might give us
something to go with.

Keith,

you said you were putting
yourself in my hands.

As your lawyer,

as your friend,

I am advising you
to tell us what happened.

The movie...

was sold out,

so Allison and I

came home early.

Allison, I guess,

went off to her room,
and I went upstairs.

And I...

I heard sounds

coming from our bedroom.

I heard a male voice,

and I thought...

I thought...

I could only think that maybe

Marsha was being raped

or attacked.

And I got my revolver

from the safe in the back
of the linen cupboard,

and I went to the bedroom,

and I...

I saw this...

stranger on her,

and I just...
I squeezed the trigger.

And suddenly,
Marsha was screaming.

There was blood everywhere.

It all happened so fast,

and I...

I saw this man, and I shot him.

I...

I didn't realize

until after

what... what was...

What had...

What had really been going on.

The problem with that...

The gun was wiped
clean of prints,

your clothes were in the washer,

and the question will be

if you thought
you were justified,

why did you try
to cover your tracks?

I did that.

It was stupid, I suppose, but...

he has worked
his entire adult life

building his public career,

and I didn't want to see it
all go away

because of something...

that I caused.

I assume you will testify that

from your vantage point.

It appeared he was acting
in defense of you.

Of course.

Well, then
that's how we proceed.

We argue mistaken defense
of others.

It's a form of self-defense.

I'd like to make
a public statement.

I don't recommend that.

You said yourself

that they were trying us
in the press.

Anything you say
could be used to impeach you.

I'll keep it short.

It's a bad idea.

It's a great idea.

I mean, you can certainly go
over what he plans to say.

What if he ad-libs
the wrong thing?

You make sure he doesn't.

Bobby, his going
before the cameras...

It goes to the same jury pool

the prosecution is trying
to influence right now,

and if he talks,

more cameras will be rolling.

Why aren't we going
for a change of venue?

If you ask me...
We want this venue, Rebecca.

He's a celebrity here,

a popular one.

Well, if he goes forward
with a statement now,

you're married to self-defense.

You can't then go
on the elements...

Does anybody here really believe

we've got a shot
on the elements?

I mean, his house, his gun,

he's at the scene,

and they can probably
prove the affair.

Self-defense is our best hope,

and best we start
working the jury now.

I'm with Eugene.

Let the man talk.

So far, it's like
the immaculate affair,

although we do have
one witness willing to say

she saw something going on
at a party.

It's nothing I'd call
concrete, but...

Nobody saw them go
into a motel or...

Kenny,
this woman's prepping to be

the first lady of Massachusetts.

She was careful.

You know about this
press conference?

Excuse me?

He's called for
a press conference.

- He's going on.
- Who?

I should first note

I appear before you today

against the advice
of my counsel,

who you see behind me.

For purposes
of a criminal trial,

it's best to remain silent.

A fact I know you are

acutely aware of.

But being in public office,

I enjoy a public trust,

and that trust cannot faithfully

be served or honored

by my continued silence.

Thus, I feel it is my duty
to come forward

because the public
has a right to know.

On Saturday, July 12th,

I left in the early evening
to go see a movie

with my daughter Allison.

The film being sold out,

we returned early.

You believe this?
Shh.

When I heard the sounds,

it sounded like
a physical attack.

It even sounded like
somebody was being strangled.

I retrieved my revolver,

which I kept in the house

for personal protection,

and I ran to the room in fear,

desperate fear

that my wife Marsha

was either being raped,

or worse, murdered.

When I entered the room,

I saw what appeared
to be a struggle

with a strange man
on top of my wife.

I thought she was being killed.

As he rolled to face me,

I discharged my revolver.

The bullet hit him,

and he fell silent.

It was only
in the following seconds

that I came to realize

what was actually...

going on.

My wife was not,

in fact, under attack.

The passion

I mistook for rage,

for a deadly threat,

was a different kind of passion,

a passion a husband
never wants to think his wife...

I shot a man
who was committing adultery,

not a man
who was trying to kill.

I didn't realize this until...

it was obviously too late.

Though I will have to live

with the fact that I took
another human life.

It is something
I will never get over.

In my mind, I saw a potentially

deadly threat of violence agai...

Against my wife.

I accept responsibility.

I ask for no one's forgiveness,

only your understanding.

Thank you.

The fact that Senator Ellison

would refuse
to talk to the police,

would refuse to cooperate
with our investigation,

only to go before the cameras

with a self-serving ramble
overtly designed

to poison the objectivity
of the people

he was elected to represent,

I found that to be
inconceivable.

I found it
personally disgusting.

Did you know he'd be
claiming self-defense?

You know, we expected
something desperate,

and that is exactly
what this is.

It's an anemic Hail Mary

from a guilty murderer.

Why was the gun

wiped clean of fingerprints?

Why were his clothes
thrown in a washer?

Was this obstruction of justice

in service to his public trust?

Who exactly did he honor

by trying to cover
all of this up?

Well, let me tell you this.

As a district attorney,

I have a duty to the
public trust, as well,

and that's to see that

when people kill human beings,

they go to prison.

There's no exceptions
for politicians,

no excuses for wronged husbands,

no favors...

for eloquent speakers.

You kill,

you go to jail.

And that is what
will happen here.

It was mainly a feeling...

Never heard or saw
any actual proof.

And the feeling was?

They were involved.

They would shoot each other
looks sometimes,

flirty behavior.

I just assumed something
was going on between them.

How well did you know
Mrs. Ellison?

Not well.

We worked in the same office,
obviously,

but I had very little
direct interaction.

And the victim,
Mr. McNoun?

He was my boss.

And this party,

Mrs. Ellison came
with Mr. McNoun?

Oh, God, no.

She came with her husband,

but I saw them
in an office together.

Mr. McNoun,
and Mrs. Ellison?

And it looked like something
was going on between them.

I just knew it.

So what?
It's not enough

that we establish
the affair now.

We have to show
he knew about it.

If we can prove
he knew what was going on,

there's no way
they'll sell self-defense.

Husbands know.
They always know.

Well, we haven't been able
to find any...

Then get back out there, Mike.

Dig harder.

All right, all right, Helen.

Mike, this is a big piece.

If we can show that
he was even suspicious

that his wife
was sleeping around,

we'll be able to argue
that he knew what was going on

when he went for the gun.

Oh, well, look, we're dead.

You all do know that.

The guy is sympathetic.

He's... he's charming.

He's credible,

and we're dead.
No, we're not.

The guy caught a man
screwing his wife.

He blows the guy's head off,

and then he says, "Oops!

I thought he was trying
to kill her."

- We'll get him.
- We've got nothing

on state of mind, Alan.

It's us against his word,

and you saw how well he plays.

Helen Gamble.

Okay.

Judge wants to see us.

Should we bother
to have a trial here, people,

or just put it to a referendum

on the November ballot?

I would gag you all right now

if I didn't think you'd both

immediately start
with confidential sourcing.

Ms. Frutt,
you let your client

hold press conferences,

you will have a hard time

disqualifying jurors
for knowing too much.

Ms. Gamble,

attempt to prejudice the trial,

you will find your juror
challenges gone.

I will prohibit you

right now
from making any comments

concerning the evidence
of this case.

That goes for every one of you.

Now, common sense tells me

this goes away
for manslaughter...

Six years, three suspended.

That seems a little light.

You'd jump at it.
Don't kid yourself,

and so should you.

The idea he thought
she was being killed

smells like crap.

This was a heat
of passion murder.

Let's dispose of it
for what it is.

Are you recommending it?

With good behavior,

you could get out in 18 months.

Isn't that a bargain
for human life-taking?

Can I win this?

You could,

but it's a risk, Keith,

and if we lose,

you are looking at murder two,

which carries a statutory

life sentence.

I just told the public
it was self-defense.

If I plead on manslaughter,
how would that look?

I think the public is
sophisticated enough to know...

And they believe me, by the way.

Have you heard the HDH poll?

My approval ratings

are higher than before
the shooting.

Well, then it was all worth it.

Do we have a problem?

Do we have a problem?

Ellenor, I was having an affair.

I was...

fond of this person,

and Keith shot him.

Clearly, these are not
the best of times.

I don't want to plead.

You can't be looking at this

with respect
to your political career.

This is about your life, Keith,

your freedom.

My life is

my political career, Ellenor.

You know that, and it's over

if I accept
a homicide conviction.

As convincing as you are,

to get a jury to believe

that you ran in there
shooting in self-defense?

You don't believe it?

I do,

but I know you.

The 12 people in that box?

Are you telling me

we cannot win this trial?

I am not telling you that.

And isn't it possible

the manslaughter deal

could still be available
during trail?

That is certainly
possible, but...

Then I want to try.

Let's see how
the trial goes, then...

If the prosecution's
case goes well,

this deal will be off the table.

Eighteen months, Keith.

You killed a man.

It was mistaken self-defense.

The prosecution knows
they can't disprove that.

That's why the manslaughter

is being offered.

We go to trial.

You understand the risk?

I do.

Let's go to trial.

If you didn't
get your courtroom pass

three weeks ago,
and without media credentials,

you'd have to know somebody
to get one,

you won't be sitting
in division three

in the Suffolk
Superior Courthouse,

not today or any day

in the near future.

It's not just
because it's a murder trial

or that it involves
a State Senator

or even that two

of the opposing lawyers

are roommates.

It's because
of that burning question

this trial will attempt
to answer,

the question
that this entire city has,

for two months now,

been asking
on every street corner,

in every bar room,

at every dinner table,

what was Senator Ellison
really thinking

when he fired that gun?

Did he believe
his wife's life was in danger

or was the shooting
an act of vengeance?

The prosecution has vowed
to put in a short case,

the facts not really
being in dispute.

Every legal analyst agrees

the trial will come down
to Senator Ellison's testimony

and the cross-examination
by Helen Gamble,

which figures
to be extremely tough.

Let's go.

Senator?

Does the Senator have a comment?

Senator...

Ms. Gamble, Mr. Lowe...

This trial is not about who shot

and killed James McNoun.

The defendant did that.

There's no dispute there.

This trial
is about why he did it.

Now, the evidence
will show conclusively

that the defendant
discovered his wife

making love to the victim

and in an act of anger

and revenge,

murdered Mr. McNoun.

The evidence will show

the defendant then sought
to cover up his crime,

that he either destroyed

or tampered with evidence

in an attempt to get away

with this murder.

There's an old saying
in the medical profession,

"When you hear hoof beats,

don't think zebra."

Now, this means
instead of looking

for some exotic,

far-fetched diagnosis,

just see the obvious.

In this trial,
ladies and gentlemen,

the Commonwealth
will only be asking you

to see the obvious.

The defendant murdered the man

sleeping with his wife.

I agree
with the district attorney.

This trial is simply

about why Senator Ellison

fatally wounded the stranger
in his house.

To answer that question,

you'll need to get into the head

of Senator Ellison.

You'll need to imagine

coming home late at night

and hearing the sounds
of a struggle

coming from your bedroom.

You will need
to fathom the panic,

knowing your spouse

was home alone this night.

You will have
to appreciate the fear

that can suddenly consume you

at the thought...

The thought
that the person you love

is being raped

or possibly killed

in the next room.

Can any of us truly presume

to know what that must be like?

Have any of us ever
had to listen

to the sounds of a husband

or wife being attacked

by an intruder?

The evidence will show

what happened that night

is that Senator Ellison
went racing

into that room

to protect the woman he loved,

the mother of his daughter,

Allison.

He charged in there with a gun

in a state of panic,

fear, horror

to see an intruder

on top of his wife,

and he fired.

Turns out,

he got it wrong.

It was mistaken self-defense.

That will be the evidence

because it's the truth,

and as you listen to the facts,

the testimony,

the witnesses,

remember, the prosecution's
entire case,

all of it,

the reason we are even here,

is their presumption

they know what was going on

in Senator Ellison's mind.

Of course, that's impossible,

impossible for them to know,

impossible for you to know.

All the Commonwealth
can really do

is ask you to imagine.

And we will be making

that very same request.

Imagine.

McGUIRE: That's how he looked
when we got there.

Who else was there
when you arrived, detective?

McGUIRE: The defendant,
Mrs. Ellison,

the daughter, Allison,

and the defendant's
attorney, Ms. Frutt.

The attorney was there
before the police?

That's correct.

Who called the police?

McGUIRE: Ms. Frutt.

Was there ever a 911 call placed

from the residence?

McGUIRE: No, there was not.

After you finally got there,

at some point you decided

to place the defendant

under arrest for murder.

Yes.
Why?

McGUIRE: There was a single
gunshot wound to the head

from a fairly close range,

resembling an execution-style...
Objection.

Sustained.

McGUIRE: The gun was found
on the scene.

It belonged to the defendant.

Did you check it
for fingerprints?

It had been wiped clean
of any fingerprints.

Did you subsequently
do any tests

on the defendant to determine

if he had held the gun?
Yes.

We did what is known
as a trace metal test,

which basically indicates
whether or not a person

has recently held a firearm.

And what were the results
of this test?

They were negative.

Well, now I'm confused

because the defendant
subsequently admitted

that he had held
and fired the gun.

We believe that he either
wiped the residue off

or he was wearing gloves.

So before he ran to get the gun,

he first ran to go put
on a pair of gloves.

Objection... speculation.

Overruled.

He can state his opinion.

McGUIRE: We think he was going
to hide his I. D.

As the shooter,

then changed his mind

and went to self-defense.

When you arrived, detective,

how was the defendant dressed?

McGUIRE: He was showered,

wearing freshly
laundered clothes.

The clothes he had
previously been seen in

were in the washing machine.

The washing machine,

was that on when you arrived?

McGUIRE: No, but judging
from the heat

on the surface of the machine,

we determined
that it had been on

within the previous 40 minutes.

So after the shooting,

the defendant
did a load of laundry.

Seems so.

After a shooting at this range,

it's likely there
would be some blood splattered

on Senator Ellison.

Isn't that right, detective?

Yes.

Isn't it also likely,

detective, that a person
might not want to stand

around in bloody clothes?

That's possible.

And if one were
to take off bloody clothes,

what would one likely
do with them?

Fold them up, put them
back in the drawer?

Objection.
Withdrawn.

It's your testimony, detective,

that because my client
washed his clothes,

that made him suspicious.

Yes, it's one thing...

You've answered
the question. Thank you.

You also testified
that he had taken a shower.

McGUIRE: Which I also
found suspicious.

Preposterous to think

that a person
splattered with blood

might want to wash himself?

I found it a little preposterous
that he would shower

and do laundry before
even calling the police, yes.

Oh, you know he did those things

before Ms. Frutt
called the police?

I know he did them
before we arrived.

That wasn't your statement,
detective.

Your conclusion was he did them
before you were called.

Can you state that
to a conclusion, detective?

No.

So this was a conclusion

you just leapt to?

No...
- You just took

the evidence found

and made it fit
with your theory.

Objection... argumentative.

Sustained.

Ever known it to be
the case, detective,

where one holds the gun,
shoots it even,

and the trace metal test
comes up negative?

- Very unlikely.
- Ever known it

to happen, detective?
Yes.

And if one were
to take a shower, detective,

would that make it
more or less likely

for the trace metal test
to come up negative?

- Washing the hands doesn't nec...
- My question,

detective, is would showering

make it more or less likely

for the trace metal test

to come up negative?

I would say more likely, but...

So it's likely

my client didn't wear gloves

like you think.

That's possible.

Thank you, detective.

I thought you crossed him well.

We still got to deal

with no fingerprints,

why the gun was wiped clean.

Marsha covers
that in her testimony.

That was a weak opening
for the prosecution.

I'm surprised
they led with that.

What else have they got?

Who's next?

Jason Pearlmutter,

former aide to the Senator.

I'm ready for him.

What did the consultant say?

McGuire did come off credible,

and phoning the lawyers
before calling the police

didn't go over well.

They thought you were
a little aggressive.

What else?
That's basically it.

They thought you did
a good job poking holes,

but McGuire
still seemed reasonable

and, ultimately,
they believed him.

You got to take care
of Pearlmutter.

Something was bothering him
the whole week.

The week before the shooting?

Yes, Senator Ellison
is typically

a very affable person

and rather easygoing
for somebody

with the stress
of his kind of work,

but in the days
before the shooting,

something was troubling him.

How were you in a position

to notice all this,
Mr. Pearlmutter?

I was his aide.

I was typically with him
12 hours a day.

Did you ask him what was wrong?

Objection... hearsay.

Declaration against interest.

I'll allow it.

Did you ask him, sir?

Yes, he indicated

it was stuff at home.

And you took that to mean...

Problems with his marriage.

How did you come
to take it that way?

Well, he would indicate

that he and his wife would go

through bouts of estrangement,

and after working for him
for 11 years

I developed a pretty
good barometer

for detecting when things
weren't going well.

And the days
before the shooting,

this was one of those times,

in your opinion.

Yes.

- Are you a psychologist?
- No.

Did Senator Ellison tell you
he was having troubles

with his wife?

No, not specifically.

But you have a barometer.

He said "Stuff at home."

And you just took that to mean
problems with the wife.

I had also seen them
together many times, Ms. Frutt,

and witnessed the estrangement.

He has a daughter, Allison.

Did you know that?
Of course.

Did you know
that she was arrested

for possession
of marijuana last year?

- No.
- So stuff at home goes on

that you don't know about.

Isn't that right,
Mr. Pearlmutter?

I never laid claim
to knowing everything

that goes on in his household.
Of course not.

So when Senator Ellison
said "Stuff at home,"

you were only guessing

that it involved his wife,
weren't you, sir?

Again, after 11 years
of working with the man...

You've got that barometer.

Objection.

Sustained.

Nothing further.

You're in some trouble.
Why?

Well, you're asking them
to believe

he shot a man by mistake

who just happened to be sleeping

with his wife at the time.

Which is what happened.

Maybe so,
but for the jury to believe it,

everything
has to be going our way.

With this suggestion
of marital troubles,

it just makes it
a little hard to believe

that Keith
didn't have some inkling

of what was going on.

Is that what
the consultants think?

It's what I think.

Who's up next?

Candace Levy,

she's just to help establish
the affair which,

since nobody's arguing,

I don't know why they're still
bothering to call her.

They're calling her
to set the idea.

The more people
who knew about it,

the more likely
the Senator knew about it.

Well, there's nothing
she can say

that will really hurt us

and, besides, she's the only one

who seemed to know about it.

Who's after that?

They still might call Allison

to establish a time frame.

She's not going
to give them any help.

They won't dare call her.

It might be worth calling her.

- Why?
- Well, it was so obvious

before that she was lying

to protect her father.

If it's that's obvious
to a jury,

it's got to work in our favor.

All we got to do is catch them

in one lie even
if it's the daughter's.

No, Helen, they're planning
to call her.

That means they prepped her
for cross.

It's too dangerous.

Are you ready with Levy?
Yes.

You hear what they're calling
us on the news?

The steam team.

Why is that?

I don't know.

Maybe because they think I'm hot

and steamy and you...

Because you're sitting
next to me.

Must be it.

Hmm.

You like being on the news, huh?

If it gets me noticed

by some rich admirer

who whisks me off to Fiji

to lick caviar off my thighs,

I... well, you can't beat that.

You ever notice how,
in a big trial,

any place far off
seems pretty good?

Think we'll get him?

I hope so.

I keep hearing that press
conference in my head.

The man is good.

All in all, it wasn't
a terribly powerful day

for the prosecution,

but the consensus
is it didn't need to be.

Though technically the burden
is on the state,

most experts feel
that burden has really shifted

to the defense in this case.

I'm getting
a bad feeling, Bobby.

Anything on the table?

No, we haven't even put
in our case yet.

Our case?

Well, a big part of it
is Marsha's unflinching support,

which isn't so great.

She'll say
what she needs to say.

I got a bad feeling.

It was an office party

in honor of one
of the vice presidents

who was retiring.

Mr. McNoun was there.

So was Mr. Ellison
with his wife.

What's your position,
Ms. Levy?

I'm the head of accounting.

And who was your
direct superior?

It was Mr. McNoun.

He was chief financial officer.

Did you know Mrs. Ellison?

Yes, she also works at Reynolds.

I never dealt directly with her.

Ms. Levy,
calling your attention

to the night
of the office party in July,

did you have occasion to observe

either Mr. McNoun
or Mrs. Ellison?

Yes, I observed them both

when they sort of
darted into his office.

They darted?

Well, they went
in rather quickly.

What did you see next?

Well, I didn't exactly
see anything,

but I'm ashamed to admit

I did a little eavesdropping
by the door.

Any particular reason
you would do that?

Well, I suspected

there was something going on
between them.

Why?

Just body language
when they interacted.

I could tell.

Now, while you were doing
your eavesdropping by the door,

what, if anything, did you hear?

Not too much because the party

was rather loud,

but I could hear she was angry,

and I heard her say,

"It has to stop."

and she sounded angry.

Did you hear anything else?

No, that was all I heard.

A few seconds later,
she kind of huffed out,

and I looked in.

He seemed very upset.

Ms. Levy,

did you ever
have the opportunity

to hear any conversation
between Mr. McNoun

and the defendant?

Yes,

that same night.

At the party?

Yes,

after Mrs. Ellison left
Mr. McNoun's office,

about a minute later,
I saw him go in.

The defendant?

Yes.

Did you hear what,
if anything, was said?

The Senator was also very upset,

and I heard him say
something like,

"I will not be humiliated."

he said it twice.

"I will not let myself
be humiliated."

those were his words.

Then what?

He stormed out.

Ms. Levy,
are you positive

that this was July 10th,

two days before the shooting?

Absolutely positive.

Thank you, Ms. Levy.

Nothing further.

Ms. Levy,

you and I had a conversation

about the events at this party,

did we not?
Yes.

I asked you
if you had any reason

to suspect
a romantic relationship

between Mrs. Ellison
and Mr. McNoun.

Yes, you did.

You told me
all about how Mrs. Ellison

went into Mr. McNoun's office.

That's correct,

same as I've said here.

Yes, well,

did you ever tell me

you saw the defendant go
into Mr. McNoun's office?

I don't believe I did.

Why is that, Ms. Levy?

You didn't ask.

Do you have a comment
on what just happened?

Mr. Donnell, how do you feel?
No comment.

Any comments
on Ms. Levy's testimony?

Senator Ellison,
did you know the man?

Senator Ellison...

It's unfair surprise.

That testimony...
It isn't unfair surprise.

- She was on their list.
- Not to say that...

It isn't unfair surprise!

It was a screw-up,
and it was yours, Jimmy!

How could you miss... Hey...

All right.
She's lying!

They put her up there to lie!

Was she lying, Keith?

You knew.

You knew about the affair.

So you murdered him.
Ellenor.

I am talking to the client.

I'm not interested

in what the client has to say.

If we plan to keep going
with self-defense,

you're not interested

in anything the client
has to say.

Are we clear?

Can you see if they're
still willing to plea?

I don't want to plea.

I can't.

Keith, they've got you.

- Can't you...
- If I plead out

after that testimony,

- I'm guilty to the world...
- Are you still worried

about becoming Governor?

- You can't be serious.
- That woman doesn't know

what she heard.
She can't be sure...

- Oh, don't be an idiot.
- There's still...

Reasonable doubt.
You are guilty...

- In everybody's eyes...
- The prosecution has the...

They are the...

Shut up!

All right, look.

There's not going
to be any plea offer

from the prosecution
at this point.

Our only course is to proceed

with self-defense.

We argue that the woman
heard it wrong.

It was a loud party,

she had certain predispositions,

and she heard
what she wanted to hear.

You will have to account

for what she thinks she heard

in your testimony.

Your testimony stays the same.

You will go up first

to describe your father's calm,

pleasant demeanor
as he came home that night.

We tell the truth.

This is not over.

It will be if we fall apart.

I'll check with the clerk

to see when we go back.

Obviously,
this was a devastating setback

for the defense.

If Senator Ellison, in fact,

knew of the affair,

he's hard-pressed
to convince the jury

he thought his wife
was under attack

when he went running in
with the revolver.

You've been watching...

Just shut it off,
would you, please?

I know this is out there,

but is there any precedent set

for changing the plea
to insanity

this late in the game?

No.

The judge would never allow it.

Where's Jimmy?

Conference room.

Ellenor.

I know you're dejected,

but the jury cannot see

the face I'm looking at
right now.

Remember his press conference?

If he's great on the stand,

who knows?

One more thing
this may not be the time,

but I'm going to say it anyway.

I don't ever,

ever want to hear you attack

a member of this law firm

in front of a client again.

Never mind the disrespect
to Jimmy,

we don't need to be inviting
malpractice claims.

Mistakes happen, Jimmy.

No point in dwelling on it,

other than to make sure
it doesn't happen again.

Will your client
be making any statement?

That's it.

Stay back. Stay back.

We have an extremely
difficult decision here.

We need you to listen to us

and consider this carefully.

Your fate...

is obviously in your hands now.

For your testimony,

you can maintain self-defense.

For anybody else,
I would consider that ludicrous,

but...

you have a gift

when it comes to persuasion.

Personally, I think

it's rabbit out of the hat time,

but juries are loath

to convict celebrities
sometimes.

Now...

there is an alternative.

Which is?

You could do a big mea culpa.

Admit that you acted
in a fit of rage.

And what would be
the purpose of that?

I think the jury
might believe it,

and you'd have a shot
at manslaughter.

If you stick to a story
the jury perceives to be a lie,

our fear is they would hit you
with murder one.

The difference is six years

versus life without parole.

Those are not choices, Ellenor.

You didn't leave us
with many, Keith.

You people have pulled
miracles before.

- Not when...
- I can't go

before the public
and say I lied.

Keith...

we're not talking
about re-election anymore.

We're talking...
I want my miracle.

It's not coming, Keith.

Now tell us what you want to do.

I'm gonna take the stand,

and I'm gonna testify

that I acted in self-defense.

You're going to go to prison.

No, I'm not.

No, I'm not.

You remember how we used
to talk Shakespeare,

who our favorite
tragic heroes were?

You're about to tell me
I've become

your favorite tragic hero.

Our friendship kind of waned
a little, Keith.

I became a blight,

the unseemly defense attorney

who represents rapists
and murderers.

Not great photo ops

to be seen hanging
around with me.

I got it, Keith.

That isn't true.

Yes, it is.

But, nevertheless,

you came to me, Keith.

Because for somebody charged
with murder,

there is no better friend
in the world

to have than me

and my firm.

You need to listen

to the expertise you hired.

If you stick with self-defense,

it is my belief...

you will lose.

If I tell them

I lied, Ellenor,

everything I worked for,
it's over.

Keith, you have
a daughter you love,

- a wife...
- Who will leave me

as soon as the trial ends.

We both know that.

And she'll try to take
Allison with her.

I can't win this.

Yes, you can.

All we need is one juror.

People love me, Ellenor.

They love me.

Ms. Frutt,
what's your new plan...

I've got no comment.

Excuse me!

I've got no comment.

Get away from me!

Come on. Keep it moving.

Let's go.

What happened?

He's digging in.

Okay.

We call Allison,

up and down,

and then we call Marsha.

Are you okay to do this?

I'm fine.

Ellenor,

I'm sorry.

Jimmy, it's not your fault.

Come on, we got to get in.

How would you describe
your relationship with your dad?

Extremely close.

Extremely close.

Were you aware of any
marital problems

between him and your mom?

They had fights.

They would have difficult times,

and things would improve.

Was that difficult on you?

Sometimes.

Did you ever talk
about it with your father?

Yes.

Did he ever talk
about what he thought

were the problems
between your mother and him?

- Yes.
- Did he ever reveal

an awareness to you
about your mother's affair

with Mr. McNoun?

Never.

Now, Allison,

given your relationship
with your father,

do you think he would've
told you about this affair?

I do.

Do you have an opinion

as to whether he knew
about this affair?

My opinion is that he did not.

Calling your attention

to the night of the shooting,

could you please tell us

what happened
from your perspective?

Well...

the movie we'd gone to see
was sold out,

so we came back home.

We came into the house.

Dad went to the family room,

I headed upstairs.

And that's when I heard them.

Heard who?

My mother...

and Mr. McNoun.

You heard them?

They were in her bed

doing what they usually did

when dad and I
were out of the house.

Wait a second. You knew...

it was Mr. McNoun?

My father didn't know
about the affair,

but I certainly did.

Well, when you heard them
that night,

you didn't tell your father?

No.

You just went back to your room?

Eventually.

Eventually?

First, I got the gun,

and I shot Mr. McNoun.

Your Honor.

Chambers!

I had no idea
she was gonna say that.

None of us did.
I don't believe it for a second.

Let me talk here.

Did she ever suggest to you

she was the shooter?

- No.
- She just lied

to get her father off.
Mr. Lowe,

let me conduct
this session, please.

Your Honor,

none of us saw this coming.

She previously
had given a statement

that she went to her room

and she heard the shots.

This was blatant perjury.

Maybe it was.

But your only remedy
for this trial

is rigorous cross, Ms. Gamble.

What else can we do?

I'll make a deal
with her right now.

I'll drop all perjury charges

in exchange
for admitting her lie.

She's got an out.

Well, even if she were
to agree to that,

I'm not sure it's in
the Senator's interest.

Which is why you
shouldn't be representing

- the daughter as well as...
- I don't disagree

with that, either,
at this point,

but the fact is, I am,

and we have a situation.

The situation is,

you have an ethical obligation

to take the offer
to your client.

We drop the perjury in exchange

for her recanting.

Otherwise, she's gonna be taken

from that courtroom
into custody.

Not in front
of the jury, she's not.

There's no statutory
minimum, Bobby.

She could get 20 years.
That's enough.

You have an offer to take
to the girl.

If she refuses,

your recourse is to try
to impeach her on the stand,

and then arrest
her post-verdict.

You, you, and you,

I want your bar cards
by the end of the day.

Excuse me?
I'll hold them in escrow.

If it turns out what just
happened in there

was one of those stunts

you people have become
infamous for,

you will lose them forever.

That's my promise.

You have just committed
a very serious offense.

What?

Telling the truth under oath?

Oh, that's the truth?

That's... Ellenor.

I'm willing to plead guilty.

You wanna plead guilty now?

Make the deal.

Senator,

right now you actually
have a shot at acquittal...

Just do it.

I'm not gonna let my daughter

take the fall... Can I talk?

No.

I think you've talked enough

for one day, Allison.

Somebody correct me
if I'm wrong,

but I probably just gave you
reasonable doubt,

so I...
You also confessed, Allison.

They might try you for murder.

And I'll just say

my confession was a lie
to save my father.

If he's acquitted,
they can't try him again.

He may be safe,

but it's a pretty big risk
for you.

And even if you beat murder,
that gets you on perjury...

A 14-year-old girl

trying to save her daddy.

Something tells me
I wouldn't go to jail

for too long.

Don't count on it.

Are you really so sure

I committed perjury,
Mr. Donnell?

You're both covering for her.

I want to plead guilty.

Let's take a step back.

I'm the client here.

I want to plead guilty,

conditioned...

on nothing happens to Allison.

And I get to hold
a press conference,

not in custody.

Those are my terms.

Take it to the D. A.

Bobby?

Can you take Allison and Marsha

out the back door?

I'd like to talk to Keith.

- Why?
- I just...

need a second.

Let's go.

If there is anything
you are more committed to

than your political career,

it is your daughter.

Is she taking the rap for you

or have you been taking the fall
for her all along?

I instructed you

to plead guilty.

Are you gonna answer
my question?

Make the deal.

Manslaughter?

And no charges brought

against the daughter
on anything.

Plus, he gets to hold
a press conference

- before you take him off.
- Excuse me?

He wants to make a statement.

The question isn't
do you think I'm an idiot,

it's how big of an idiot?
Helen...

Bobby,
this was your plan all along.

- It was not.
- If you think

I'll allow you to use perjury

to bolster your bargaining
position...

That was not our plan,

and I'm offended
by your suggestion.

Get out.
Helen...

I will not entertain

any discussion, Bobby.

Helen...

Can you wait outside
for a second?

I don't like this any more
than you do,

but the fact is,
they've got reasonable doubt.

When I get done crossing her,

- there's not...
- No. We have

no eyewitnesses,

another person taking credit
for the crime,

a very charismatic
and persuasive defendant,

we're in the crapper.

And right now
you're blinded by anger.

It sucks. No question.

We're having our hand forced
by perjury,

but the likelihood is,

is that this was manslaughter.

He flipped out,
and he shot the guy,

and we would be crazy

to walk away from this deal.

We can't risk
a straight acquittal.

We just can't.

I'm gonna accept it.

It's absolute madness

in the corridor.

The unconfirmed reports are,

a plea has been reached.

Do we know what it is?
Nobody calls.

I'm informed now
they're in court,

and Judge Finkel is, in fact,

being presented with a plea,

which I'm now being told

is a manslaughter conviction.

Defendant will please rise.

You understand, Mr. Ellison,

that you are pleading guilty
to a homicide?

- Yes.
- And by pleading guilty

to manslaughter you are agreeing

not to appeal

and that you will serve
a sentence

not less than six years
in state prison?

Yes, Your Honor.

Counsel, you are recommending

this agreement to your client.

Your client understands
the terms

and accepts them?

Yes, Your Honor.

Plea is accepted.

So ordered by the court.

Bailiff, take the defendant
into custody.

Your Honor,
pursuant to the plea,

my client gets to make
a statement.

The area is set up
in the corridor.

Security will escort
the defendant to the microphones

and then into custody.

We are adjourned.

Keith, I've got to know.

It's all over now,
so just tell me.

I have to make my statement.

We are not at all

satisfied with this outcome.

We believe this was
a second degree murder,

possibly first.

We accepted this plea

because we feared the perjury

committed by the daughter

could've severely
compromised our case.

This is a terrible day.

We just made the best deal
we could.

I would certainly agree
with Ms. Gamble

that this is a terrible day.

For whatever reason,

my daughter Allison,

in a misguided effort
to protect her dad,

tried to mislead the jury

as to what happened that night.

What did, in fact, happen

was exactly as I have
maintained.

I thought my wife Marsha

was under attack,

and I was in fear for her life.

I only accepted this plea
of manslaughter

because my conscience
cannot permit

allowing my daughter

to accept any culpability
for this act.

Did I make a mistake?

- Absolutely...
- That true, Marsha?

You think you're helping
Allison?

She's gonna end up
as another teenage suicide,

and you know it.

And if she is the shooter,

I am going to eventually
prove it.

You represent her.

As of now,

I don't.

You're her lawyer.

Not anymore.

You really think
if Allison did this,

I'd stay quiet?

I don't know.

You might not want
her life ruined

because of an affair you had.

I never had an affair, Ellenor.

Excuse me?

I say this now,
client to attorney.

The reason I told you
they'd never be able to prove

my affair with Jim McNoun

is because it never happened.

Jim McNoun had his affair

with Keith.

What?

My husband is gay, Ellenor.

And you know the old saying

two things that'll kill
a political career

being caught with a dead woman

or a live boy.

Keith and Jim McNoun
were in that bed that night.

That's why they found
no semen on me.

That's why they found
no powder burns on Keith.

And since Helen Gamble
had to rule me out as a suspect

in order to do the rape kit,

she couldn't trace metal
on my hands

or test me for powder burns.

You killed him?

That information is sealed up

in privilege, counselor.

There's nothing you can do now

but sit on it.

So, at the party...

I confronted Jim McNoun
with the affair,

and when he said he wanted
to go public with it,

that's when Keith
was overheard saying

he wouldn't stand
to be humiliated.

You all were so close.

Spouse comes home with daughter,

finds spouse in bed
with another man,

snaps, shoots.

You just had the wrong
spouse in bed

and the wrong one with the gun.

I made a mistake.

I will now serve time
for that mistake,

but I will come out
of this stronger.

My commitment
to the Commonwealth

of Massachusetts
shall never wane.

I'll pay my debt

to the society I vowed
to fight for,

vowed to serve,

and I'll be back to serve it.

I felt your hearts with me

during this trying time,

and I won't forget
your unflinching support.

And my heart...

will stay with you.

And I will be back.

You stinker!